Ranjan Kumar Pathak vs Baldev Thakur
2023 Latest Caselaw 6230 MP

                                                     1
                 IN         THE      HIGH COURT OF MADHYA PRADESH
                                           AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                          ON THE 18 th OF APRIL, 2023
                                      CRIMINAL REVISION No. 53 of 2010

               BETWEEN:-
               RANJAN KUMAR PATHAK S/O LATE ACHARYA
               NIRNAYADAS PATHAK , AGED ABOUT 58 YEARS, R/O
               PICHADI DEODI, DARJIOLI, LASHKAR, THANA HUZRAT
               KOTWLAI, LASHKAR, GWALIOR (MADHYA PRADESH)

                                                                                 .....PETITIONER
               (NONE FOR THE PETITIONER )

               AND
               BALDEV THAKUR S/O BHAGWANDAS THAKUR , AGED
               ABOUT 45 YEARS, R/O UTAR KHANA, MADHOGANJ,
               LASHKAR, GWALIOR (MADHYA PRADESH)

                                                                               .....RESPONDENT
               (NONE FOR THE RESPONDENT )

                           Th is revision coming on for hearing this day, th e court passed the
               following:
                                                      ORDER

Perused the records as well as judgments of both Courts below. This criminal revision under Section 397 read with Section 401 of CrPC has been filed by the petitioner against the order dated 12-11-2009 passed by 1st Additional Sessions Judge, District Gwalior in Criminal Revision No.362 of 2009 whereby the learned Additional Sessions Judge has allowed the revision of the respondent and set aside the order dated 21.8.2009 passed by the JMFC, Gwalior in Criminal Case No.2571/2008. Vide order dated 21.8.2009 learned Signature Not Verified Signed by: MADHU SOODAN PRASAD JMFC, Gwalior has framed charge under Section 500 of IPC against the Signing time: 19-04-2023 10:44:44 AM

respondent.

On perusal of the impugned order, it is gathered that alleged defamatory article has been published on 24.1.2003 and the complaint has been filed on 23.11.2007 after expiry of limitation period of three years. The learned revisional Court on this ground has set aside the order of the trial Court and acquitted the respondent.

In the considered opinion of this Court, there is no illegality or perversity in the impugned order calling for any interference. Hence, this revision is dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 19-04-2023 10:44:44 AM